7. Interpretation of the Rules of Procedure

The President informed Parliament, in accordance with Rule 211(3), of the following interpretation of Rule 128 given by the Committee on Constitutional Affairs in response to a request concerning the application of the latter rule:

'Rule 90(6) of the Rules of Procedure lays down a specific procedure by means of which Parliament can take a decision on whether to exercise its prerogative, pursuant to Article 218(11) TFEU, to seek an opinion from the Court of Justice on the compatibility of an international agreement with the Treaties; that provision constitutes a “lex specialis” which takes precedence over the general provision laid down in Rule 128 of the Rules of Procedure.

When a decision must be taken as to whether Parliament should exercise its rights vis à-vis the Court of Justice of the European Union, and the act in question is not covered by Rule 128 of the Rules of Procedure, the procedure provided for in this rule should apply, mutatis mutandis.'

If there was no objection to this interpretation from a political group or at least 40 Members (Rule 211(4)) before the opening of the next day's sitting (Thursday, 24 March 2011), it would be deemed to be adopted. Otherwise it would be submitted to a vote in Parliament.